Part 2 U.K.Standards

Chapter 10U.K.Supplementary and general

Joint workingE+W

F1120Co-operation etcE+W

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F1121Reviews and investigationsE+W

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F1122Joint annual reviewsE+W

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F1123Power to assistE+W

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Arrangements with public authoritiesU.K.

F1124Arrangements with Ministers etc: CHAIU.K.

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F1125Arrangements with Ministers etc: CSCIU.K.

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F1126Arrangements with the Isle of Man and Channel Islands: CHAIE+W

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F1127Arrangements with the Isle of Man and Channel Islands: CSCIE+W

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ReportsE+W

F1128Reports: CHAIE+W

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F1129Reports: CSCIE+W

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Relationship with governmentE+W

F1130Duty to have regard to government policy: CHAIE+W

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F1131Duty to have regard to government policy: CSCIE+W

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F1132Failure in discharge of functions: CHAIE+W

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F1133Failure in discharge of functions: CSCIE+W

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InquiriesE+W

F1134Inquiries: CHAIE+W

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F1135Inquiries: CSCIE+W

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InformationE+W

F2136Disclosure of information obtained by CHAIE+W

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F3137Section 136: defenceE+W

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F1138Information obtained by CHAI: supplementaryE+W

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F1139Information obtained by CSCI: supplementaryE+W

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F1140Code of practice: CHAIE+W

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F1141Code of practice: CSCIE+W

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Wales: supplementaryE+W

142Annual reports of AssemblyE+W

As soon as possible after the end of each financial year of the Assembly, the Assembly must make and publish a report or reports on—

(a)what it has found during the year in the course of exercising—

(i)its functions under Chapter 4 F4... of this Part (other than any function of making regulations);

(ii)its functions exercisable by virtue of [F5section 5(1)(b)] and 8(1) to (3) of the Care Standards Act 2000 (c. 14);

(b)the way in which the Assembly has during the year exercised those functions.

[F6143Use by Welsh Ministers of informationE+W

(1)The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any function of the Welsh Ministers referred to in any paragraph of subsection (2) for the purposes of any function of the Welsh Ministers referred to in any other paragraph of that subsection.

(2)The functions of the Welsh Ministers referred to in subsection (1) are—

(a)their functions under Chapter 4 of this Part;

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)their functions exercisable by virtue of section 5(1)(b) or 8(1) to (3) of the Care Standards Act 2000;

(d)their functions under section 80 of the Children Act 1989;

(e)their functions under the Mental Health Act 1983 in their capacity as the regulatory authority (within the meaning of that Act);

(f)any functions exercisable by them by virtue of paragraph 163(1) of Schedule A1 to the Mental Capacity Act 2005.

(3)References to functions in subsection (2) do not include functions of making regulations.]

F8144Inquiries: WalesE+W

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F9145Co-operation between Assembly and CHAIE+W

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F10145ADuties in connection with the Auditor General for WalesE+W

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GeneralE+W

146Offences by bodies corporateE+W

(1)This section applies where any offence under this Part is committed by a body corporate.

(2)If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)any director, manager, or secretary of the body corporate, or

(b)any person who was purporting to act in any such capacity,

he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3)The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—

(a)to any other similar officer of the body; and

(b)where the body is a local authority or NHS body, to any officer or member of the authority or NHS body.

147Minor and consequential amendmentsE+W

Schedule 9 (which makes minor and consequential amendments relating to this Part) has effect.

148Interpretation of Part 2E+W

In this Part—

• F11...

• F12...

• “cross-border SHA” means a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales;

• F13...

• “English local authority social service” means—

  (a)

  a service which is provided, in any place, by a local authority in England in the exercise of any of its social services functions;

  (b)

  a service which is provided, in any place, by another person pursuant to arrangements made by a local authority in England in the exercise of its social services functions;

  (c)

  a service which—

  (i)

  is provided, in any place, by a local authority in England, or by another person pursuant to arrangements made by a local authority in England, under section 2(1)(b) of the Local Government Act 2000 (c. 22) [F14or section 1 of the Localism Act 2011]; and

  (ii)

  is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions

  [F15but does not include anything which may be inspected by Her Majesty's Chief Inspector of Education, Children's Services and Skills under Chapter 4 of Part 8 of the Education and Inspections Act 2006].

• “English NHS body” means—

  (a)

  F16...

  (b)

  F17...

  (c)

  an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;

  (ca)

  [F18NHS England];

  (cb)

  [F19an integrated care board;]

  (d)

  an NHS foundation trust;

  (e)

  a Special Health Authority performing functions only or mainly in respect of England;

• F20...

• “health care” has the meaning given by section 45(2);

• “local authority”[F21 —

  (a)

  in relation to England,] has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1 of that Act);

  (b)

  [F22in relation to Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014]

• F23...

• “NHS body” means—

  (a)

  an English NHS body;

  (b)

  a Welsh NHS body;

  (c)

  a cross-border SHA;

• “NHS trust” has the same meaning as in [F24the 2006 Act];

• “personal records” includes medical records;

• “prescribed” means prescribed by regulations made by—

  (a)

  the Secretary of State;

  (b)

  in the case of sections 63, 75 and 101, the Assembly;

• “regulator” means the Independent Regulator of NHS Foundation Trusts;

• [F25“social services functions” in relation to —

  (a)

  a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 but does not include—

  (i)

  functions within section 135(1)(d) or (e) of the Education and Inspections Act 2006, or

  (ii)

  functions prescribed by regulations under section 135(1)(f) of that Act;

  (b)

  a local authority in Wales, has the same meaning as in section 143 of the Social Services and Well-being (Wales) Act 2014;]

• “ Welsh local authority social service ” means—

  (a)

  a service provided, in any place, by a local authority in Wales in the exercise of any of its social services functions;

  (b)

  a service provided, in any place, by another person pursuant to arrangements made by a local authority in Wales in the exercise of its social services functions;

  (c)

  a service which—

  (i)

  is provided, in any place, by a local authority in Wales, or by another person pursuant to arrangements made by a local authority in Wales, under section 2(1)(b) of the Local Government Act 2000 (c. 22); and

  (ii)

  is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions;

• “ Welsh NHS body ” means—

  (a)

  a Local Health Board;

  (b)

  an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;

  (c)

  a Special Health Authority performing functions only or mainly in respect of Wales.